Date filed: April 26, 2024
Venue: FERC
Docket No.: ER23-729
Summary: EPSA joined the PJM Power Providers Group (P3) and NRG in an answer filed at the Federal Energy Regulatory Commission (Commission) to the PJM Load Parties and the Maryland Public Service Commission protests regarding PJM’s petition for guidance in the DPL-South auction remand proceeding. Specifically, PJM’s petition requested confirmation that it should publish the results of the Base Residual Auction (BRA) for the 2024/2025 Delivery Year using the auction rules in effect prior to the tariff revisions that took effect on December 24, 2022, and authorization to rerun the Third Incremental Auction for the 2024/2025 Delivery Year. The joint answer explains that notwithstanding protestors’ assertions to the contrary, publishing the results of the 2024/2025 BRA is not only appropriate, it is compelled by the decision of the Third Circuit Court of Appeals vacating the relevant portions of the Commission’s orders in this proceeding and the circumstances of this case. The Third Circuit was crystal clear in holding that the Commission’s attempt to change the rules after the 2024/2025 BRA was conducted violated the filed rate doctrine and that holding leaves no room for the Commission to leave this violation unremedied. The joint answer emphasizes that whatever flexibility the FERC may have in fashioning remedies, it has an obligation to remedy the consequences of its legal error. (Of note, EPSA, P3, and NRG were all co-petitioners, along with Constellation, in the consolidated Third Circuit appeals of the PJM DPL-South orders.)
